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MODERN SETTINGS v. PRUDENTIAL-BACHE SEC.

83 Civ. 6291 (RLC).

602 F.Supp. 511 (1984)

MODERN SETTINGS, INC., and Binder & Binder, as attorneys for Modern Settings, Inc., Plaintiffs, v. PRUDENTIAL-BACHE SECURITIES, INC., Prudential-Bache Metal Co., Inc., Gary Adornato, Felix McCarthy, Richard Berlin, and Frederic Wasserspring, Defendants.

United States District Court, S.D. New York.

October 17, 1984.

Attorney(s) appearing for the Case

Jaffe & Asher, New York City, for plaintiffs; Peter A. Jaffe, Ira N. Glauber, New York City, of counsel.

Dewey, Ballantine, Bushby, Palmer & Wood, New York City, for defendants Prudential-Bache Securities, Inc., Prudential-Bache Metal Co., Inc., Felix McCarthy, Richard Berlin, Frederic Wasserspring; John M. Friedman, Jr., Scott M. Univer, New York City, of counsel.

Henry Putzel, III, New York City, for defendant Gary Adornato.

OPINION

ROBERT L. CARTER, District Judge.

The main issue before the court is whether plaintiffs have stated with the requisite particularity, pursuant to F.R.Civ.P. 9(b), various counts of fraud with which they charge defendants. Plaintiffs, Modern Settings, Inc. and Binder & Binder, their attorneys in the transactions at issue, allege that defendants Prudential-Bache Securities, Inc., individual managers and a representative of the firm,

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